As used in this part 4, unless the context otherwise requires:

1. (1) Applicant means a homeowner or renter residing in an eligible area, or the operator of a temporary housing facility or public housing facility located in an eligible area, who submits an application to the transportation commission in accordance with this part 4.
2. (2) Department means the department of transportation.

3. (3) Eligible area means a residential area that:

   1. (a) Is located adjacent to a state highway;
   2. (b) Existed as a residential area before the state highway was constructed or widened; and
   3. (c) Is located within the boundaries of a local government that, as of the date of the application, has adopted an ordinance or resolution to mitigate the effects of noise in future residential or other noise-sensitive development adjacent to the state highways within the boundaries of the local government.
4. (4) Local government means a city, town, county, or city and county.
5. (5) Noise mitigation measures means noise mitigation measures approved by the transportation commission pursuant to section 43-2-404.

Source: L. 2006: Entire part added, p. 1255, § 3, effective May 26.